The European citizens’ initiative in practice: legal admissibility concerns

Publishers Abstract
The European Citizens’ Initiative ( ECI) was introduced in 2012 as an instrument for citizens’ democratic participation in the EU.

Apart from an express reference in the TFEU, which defines it as a proposal for a legal act aiming to implement the Treaties, the ECI has a detailed legal framework. This includes a legal admissibility test under Regulation 211/2011 which sets out the criteria that an ECI must fulfil in order to start collecting signatures.

The focus of this contribution is on the application of art.4(2)(b) of Regulation 211/2011 , an aspect of the legal admissibility test that has generated controversy in its practical application. According to art.4(2)(b) , a proposed ECI will not be registered if it "manifestly falls outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties". This contribution analyses the Commission’s interpretation and application of that particular aspect of the legal admissibility test. It discusses the legal confines imposed on the ECI as a result of the application of art.4(2)(b) and thus the extent to which EU citizens can use an ECI as a way to propose legislation at EU level.

To this effect, it also examines the currently pending ECI cases and the opportunity they present to the CJEU to alleviate certain concerns regarding the ECI legal admissibility test. This contribution aims to provide a coherent legal analysis of art.4(2)(b) of Regulation 211/2011 , a feature of the ECI which, although technical at first glance, should be of interest to anyone concerned with the ECI’s functioning as a participatory democracy instrument.

Sweet and Maxwell: European Law Review http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=427&productid=6968

ESO: Background information: The European Citizens' Initiative http://www.europeansources.info/record/the-european-citizens-initiative/

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